High Court of Punjab and HaryanaCR/2422/2020dismissed

Lochan Dass v. Deepa And ANR

2020-11-04Mr. Justice Harnaresh Singh Gill2 pages

Civil Revision No. 2422 of 2020 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 2422 of 2020 (O&M) Date of Decision: 04.11.2020 Lochan Dass ......Petitioner

Versus

Deepa and another ......Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. D.S.Matya, Advocate for the petitioner.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. This is a petition under Article 227 of the Constitution of India for setting aside the order dated 16.8.2019, vide which the application moved by the petitioner for appointment of Local Commissioner, has been dismissed.

Learned counsel for the petitioner states that so far as the judgment passed by the Division Bench of this Court in Pritam Singh and another versus Sunder Lal and others, 1990 (2) PLR 1991, is concerned, the case of the petitioner is totally different from the said case. He further submits that in that case, the challenge was to the order passed by the trial Court whereas in the present case, the order has been passed by the Appellate Court. He further submits that the only remedy left to the petitioner was to file the application for appointment of Local Commissioner. He has relied upon the judgment of this Court in the case of GURPREET SINGH 2020.11.05 10:25 I attest to the accuracy and integrity of this document Chadigarh

Civil Revision No. 2422 of 2020 (O&M) -2Brijlal versus Sajjan Singh and others 2019 (3) R.C.R. (Civil) 845. I have heard the learned counsel for the petitioner. This Court is not inclined to digest the arguments raised by the learned counsel for the petitioner, keeping in view the law laid down by the Division Bench of this Court in Pritam Singh's case (supra). The judgment relied upon by the petitioner is not based on the law laid down in Pritam Singh's case (supra).

Keeping in view the said facts and the law laid down in Pritam Singh's case (supra), the impugned order dated 16.8.2019 does not call for any interference.

The petition is dismissed.

(HARNARESH SINGH GILL) JUDGE November 04, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.11.05 10:25 I attest to the accuracy and integrity of this document Chadigarh